Ottmann v. Village of Rockville Ctr.
| Decision Date | 09 March 1937 |
| Citation | 7 N.E.2d 102,273 N.Y. 205 |
| Parties | OTTMANN v. VILLAGE OF ROCKVILLE CENTRE et al. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Action by Augusta C. Ottmann against the Incorporated Village of Rockville Centre and others. From a judgment of the Appellate Division, Second Department (248 App.Div. 592, 287 N.Y.S. 367), reversing on the law a judgment entered upon the verdict of a jury and dismissing the complaint, plaintiff appeals.
Affirmed. Appeal from Supreme Court, Appellate Division, Second department.
John R. Vunk, of Patchogue, L. I., Malcolm G. Bibby, of New York City, and Harold Ashare, of Patchogue, L. I., for appellant.
Irwin T. Longworth, Jr., and William J. Sullivan, both of Rockville Center, L. I., for respondents.
Milford H. Ottmann was a volunteer fireman of the village of Rockville Centre. While riding with other firemen on a fire truck belonging to the village and driven by Otto Stoye, a member of the same company, he was fatally injured in a collision between the truck and another motorcar. The fire truck was at the time in use on official business, and Stoye, the driver, was acting in the discharge of his duties and within the scope of his employment. Assuming the driver to be negligent and Ottmann free from negligence, the question of law remains whether the village is liable. Appellant relies upon the provisions of section 282-g of the Highway Law (Consol.Laws, c. 25) which was in effect at the time of the fatal collision (now General Municipal Law [Consol.Laws c. 24] § 50-b).
Consideration of section 205 of the General Municipal Law (Consol.Laws, c. 24) is essential for the purpose of ascertaining the intent of section 282-g of the Highway Law. Prior to the enactment of section 282-g, a municipal corporation was wholly exempt from liability for negligent acts of its employees while engaged in the performance of a governmental function. For the purpose of creating a partial remedy, at least so far as the operation of municipally owned vehicles is concerned, in behalf of those who were then without any redress, this section of the Highway Law was enacted. Its language does not imply an intent to afford additional protection to those for whom the Legislature had already provided. A contrary inference is natural. For many years antedating the enactment of section 282-g of the Highway Law, compensation for the death of a volunteer fireman resulting from injuriesincurred in the performance of his duties was...
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Poniatowski v. City of New York
...Albany, 158 Misc. 720, 287 N.Y.S. 889 (per FOSTER, J.), affd. 247 App.Div. 848, 286 N.Y.S. 326; see, also, Ottmann v. Village of Rockville Centre, 273 N.Y. 205, 206, 7 N.E.2d 102.) In the recent Wiseman case (10 N.Y.2d 952, 224 N.Y.S.2d 275, 180 N.E.2d 57, supra), for instance, the administ......
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Poniatowski v. City of New York
...City of New York, 13 A.D.2d 796, 217 N.Y.S.2d 510, affd. 10 N.Y.2d 952, 224 N.Y.S.2d 275, 180 N.E.2d 57, nor in Ottmann v. Village of Rockville Centre, 273 N.Y. 205, 7 N.E.2d 102; Ottmann v. Incorporated Village of Rockville Centre, 275 N.Y. 270, 9 N.E.2d 862 either on the original appeal (......
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Ottmann v. Inc. Village of Rockville Ctr.
...Village of Rockville Centre and Otto Stoye. On reargument as to defendant Stoye, by permission, of an appeal by plaintiff [273 N.Y. 205, 7 N.E.(2d) 102], from a judgment of the Appellate Division (248 App.Div. 592, 287 N.Y.S. 367), which reversed a judgment of the Supreme Court in favor of ......
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Bauman v. Town of Irondequoit
...statute appear to constitute the exclusive remedy against the municipality or district obligated to pay the same (Ottmann v. Village of Rockville Centre, 273 N.Y. 205), the right of a fireman or his estate to maintain an action against a third party is clearly recognized. (Ottmann v. Villag......